GENERAL TERMS AND CONDITIONS OF SALE
CONTINENTAL FRANCE, CORSICA AND MONACO
MAIL ORDER SELLING
The present general terms and conditions of sale (GTC) are concluded :
M comme Merchandising, Limited liability company, headoffice at 60, Avenue Tony Garnier - 69007 LYON. SIRET number 38055297600017 ,hereinafter referred to M comme Merchandising, ON THE FIRST PART AND
- The persons wishing to make a purchase either by mail order, either via the shop's website Circuit Paul Ricard « firstname.lastname@example.org», hereinafter called THE USER, ON THE OTHER PART:
The present conditions is to define the terms of sale between M comme Merchandising and THE USER from order to service, via payment and delivery.
They regulate all the steps.
The general terms and conditions of sale are systematically addressed or given to each customer to enable him to place an order.
As a result, the fact of placing an order implies full membership and without reservation of the customer to these general terms and conditions of sale, to the exclusion of all other documents, such as brochures and catalogues issued by M comme Merchandising having only an indicative value.
No special conditions may, unless formally accepted in writing by M comme Merchandising, prevail over the general terms and conditions of sale.
Any contrary condition imposed by the USER shall therefore be, in the absence of express acceptance, unenforceable against M comme Merchandising, regardless of when it may have been brought to his attention.
Packages may only be dispatched territorially in France, in the French overseas departments and territories and Monaco, and exceptionally outside this area.
If the USER resides outside the delivery areas specified above and wishes to obtain a delivery abroad, he should consult directly with the Store Manager at this telephone number : +33 4 78 78 10 06.
The parties agree that their relationship will be governed exclusively by this contract.
THE USER has the possibility to place his order by mail order or online, from the online catalogue.
If the order is placed via the Internet, it can only be registered on the site if the USER has clearly identified himself either :
- by entering his customer code, which is strictly personal to him,
- either by completing the online order form allowing him to obtain the assignment of a customer number which will be forwarded to it by the Customer Relationship Department, following his first order.
Any order implies acceptance of the prices and description of the products available for sale.
M comme Merchandising undertakes to honor orders received by mail or by the website, only within the limits of available product stocks.
If the product is not available, M comme Merchandising undertakes to inform the USER as soon as possible.
When a quotation is prepared by M comme Merchandising, it constitutes the specific conditions that modify or complete these general terms and conditions of sale.
Orders are sent only after payment of the deposit on the order form.
Any modification or resolution of the order requested by the USER can only be taken into consideration if it has been received in writing before the performance of the service, and accepted by M comme Merchandising, unless ordered by a particular consumer.
In case of cancellation of the order, and without specific agreement on the reservation, M comme Merchandising will have the right to invoice, in accordance with the Consumer Code.
All customers who place an order, either online, by telephone or in paper format with M comme Merchandising, will have a withdrawal period equal to seven days, in accordance with Article L 121-16 paragraph 1 of the Consumer Code.
RESERVATION OF OWNERSHIP
M comme Merchandising retains full and complete ownership of the goods sold until payment of the full price.
These provisions shall not prevent the transfer to the customer of M comme Merchandising, as soon as it is delivered, the risks of loss and deterioration of the goods sold as well as the damage they could cause.
The transport will be at the customer's expense, unless otherwise specified on the order form.
The USER has the choice of being delivered :
- either at his home,
- or to a particular address other than the billing address.
M comme Merchandising undertakes to deliver the ordered items as soon as possible.
The average time observed for available items is from two to five days from the validation of the order.
TERMS OF PAYMENT
THE USER has the choice to pay for his purchases :
- online when ordering by credit card (CREDIT CARD, VISA, EUROCARD MASTERCARD), by check when ordering by mail.
The prices are indicated in euros all taxes included, and take into account the VAT applicable on the day of the order.
Any change in the applicable rate may be reflected in the price of the products.
RESPONSIBILITY OF M COMME MERCHANDISING
M comme Merchandising has no obligation of means whatsoever for all stages of access to the site, whether for the ordering process, delivery or subsequent services.
M comme Merchandising cannot be held liable for any inconvenience or damage resulting from the use of the Internet network, external intrusion or the presence of computer viruses.
M comme Merchandising also guarantees, in accordance with the legal provisions, The USER against any hidden defect affecting the products delivered or the services provided and rendering them unusable, as well as the harmful consequences resulting from it.
In order to assert his rights, the USER must, inform M comme Merchandising, by registered letter, the existence of the defects within a maximum period of fifteen days from their discovery.
All articles can be exchanged or refunded.
The exchange must take place within fifteen days of the date of receipt or withdrawal.
If the new order is for a higher amount, the USER must attach to the exchange request, the payment of the difference.
Conversely, if the amount of the exchange is less than the initial amount, the USER will receive a bank transfer of the difference upon receipt of the request.
Refunds can also be requested within seven days.
In any case, any request for an exchange or refund must be made by post to the address of M comme Merchandising, 60 Avenue Tony Garnier LYON 69007
M comme Merchandising cannot be held responsible for delays due to unforeseen circumstances such as strikes, accidents, bad weather ...
No compensation may be claimed in this case from M comme Merchandising.
All elements of M's site, such as Merchandising, are protected by copyright, trademarks or patents, and it will be the exclusive property of M comme Merchandising.
The USER who has a personal website and who wishes to place, for personal use, on his website a simple link referring directly to the homepage of the M comme Merchandising website must request authorization from M comme Merchandising.
Any hypertext link to the site M comme Merchandising and using the framing or inline linking technique is strictly prohibited.
Any link, even authorized, must be removed at the request of M. comme Merchandising.
In the case of a legislation progress who will cancel a point written on this part of the terms, these general terms and condition will still be available.
These Conditions apply during the period of online publication and catalogue of products offered by M comme Merchandising
The informations from the order, payment and communication wriitten on the webiste, will be considerated as a proof between M comme Merchandising and the customer.
CONSERVATION AND ARCHIVING OF TRANSACTIONS
The archiving of purchase orders and invoices is carried out on a reliable and durable support, in accordance with article 1348 of the Civil Code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law